MAAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since, these writ petitions involve common questions of law and facts, with the consent of learned counsel for the parties these are taken up together for adjudication. For sake of convenience, facts from CWP No.9282 of 2025 are being referred to hereinafter.

(2.) Petitioner feels aggrieved against the order passed by the Deputy Labour Commissioner, Himachal Pradesh on 27. 04.2024 in declining to refer the dispute raised by the petitioner for adjudication to the learned Labour Court-cum- Industrial Tribunal, on the ground of same being stale, belated and having faded away with time. Beside assailing this order, petitioner seeks directions to the respondents to condone/quash alleged artificial/fictional breaks given to him from 1998 to 2005 and consequently, to regularize his services w.e.f. 1/1/2004, on completion of 8 years of regular service w.e.f. 1998.

(3.) Learned Senior Counsel for the petitioner contended that in somewhat similar circumstances, the respondents had passed an order on 28/5/2020 (Annexure P-3), in case of one Sh. Mohinder Kumar, Beldar, whereby fictional breaks in service from the date of Mohinder Kumar's initial engagement, i.e. from 1995 to April, 2006, were condoned and his daily wage seniority was ordered to be reckoned from the year 1995. Another order relied upon by leaned Senior Counsel of even date, i.e. 28/5/2020 (Annexure P-4), was passed in case of one Sh. Tilak Raj, Beldar, whereby fictional breaks in the service of said Sh. Tilak Raj from the date of his initial engagement, i.e. 1/4/1998 till April 2006, were ordered to be condoned. Reliance was also placed upon a decision rendered in Tarlesh Bali and Ors. vs. State of Himachal Pradesh and Ors. CWP(T) No.1129 of 2008 decided on 17/5/2010, wherein considering the facts of the said case in relation to the petitioners therein, the practice adopted by the respondent-State allowing the petitioners (therein) to work only for 18 days in a month was deprecated. The action of the respondent-State giving artificial/fictional breaks was quashed and set aside in case of the petitioners therein for the purpose giving them seniority.